HomeMy WebLinkAboutOrders_Code Enforcement_09/30/2013_Mikki & Doris Thomas CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER FINDING VIOLATION
VILLAGE OF TEQUESTA,
Petitioner,
Case No. 2012 -00079
VS.
MIKKI & DORIS THOMAS,
Respondents.
RE: Violation of Chapter 14 Article V Section 14 -121 (IPMC Section 3.04), and Chapter 30
Article II Section 30 -33 of the Code of Ordinances of the Village of Tequesta.
Address: 414 Cypress Drive Unit D
Tequesta, Florida 33469
Legal Description: CYPRESS VILLAS UNIT D BDLG TR 1 OF PAR A
PCN: 60- 43- 40- 30 -34- 001 -0014
The Special Magistrate appointed by the Village Council to hear code compliance cases
for the Village of Tequesta, in accordance with Chapter 162, Florida Statutes, has heard
testimony at the Code Compliance Hearing held on the 25�" day of September, 2013, and based
on the evidence and testimony presented, entered an Order Finding Violation. The following
Findings of Fact, Conclusions of Law, and Order are hereby entered:
FINDINGS OF FACT
1. The Respondents were not present at the hearing; however, there was a finding of
proper notice.
2. Code Enforcement Officer Joe Petrick and Building Official Buck Evans provided
testimony, photographs, and a mold remediation report as evidence of the
violation, as contained in the Village's evidentiary case file which was accepted
into evidence.
3. The property is currently vacant and unoccupied.
4. As of the hearing on May 23, 2013, based on testimony presented by the Code
Enforcement Officer and the Building Official, the property was not in
compliance with Section 14 -121 or 30 -33 of the Code of Ordinances of the
Village of Tequesta.
5. The violations comprised of mold growth inside the unit constitute a threat to the
public health, safety and welfare since this is a multi family dwelling.
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CONCLUSIONS OF LAW
The above - stated facts constitute a violation of Sections 14 -121 and 30 -33 of the Code of
Ordinances of the Village of Tequesta. The violation constitutes threat to the public health,
safety and welfare.
ORDER
The Respondents hereby are ordered to comply immediately with Sections 14 -121 and
30 -33 of the Code of Ordinances of the Village of Tequesta. If the Respondents fails to achieve
compliance, the Village may abate the violations that constitute a threat to the public health,
safety and welfare, by taking reasonable actions to alleviate the dangerous conditions on the
property pursuant to the legislative authority granted to the Village by Section 162.09, Florida
Statutes. Such abatement action by the Village shall in no way create a continuing obligation or
any present or future liability for any damage to the property that may result from such good
faith attempts to abate the violations. Additionally, the Village may continue to abate the
nuisance in the future whenever the conditions on the property again violate the Village Code as
documented in the code enforcement files for the property. The Village's costs from such
abatement action shall be assessed against the Respondents.
Respondents also are assessed $957.11 for administrative costs incurred by the Village
through September 25, 2013.
Please take notice that you must appear at the Fine Assessment Hearing which will be
held on the 12' day of December, 2013 at 10:00 a.m. at Village Hall, Council Chambers, 345
Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer certifies that you
have timely brought your property into compliance.
Upon complying in any code compliance matter, it is always the responsibility of the
Respondent to contact the Code Compliance Division at (561) 768 -0506 to request a
reinspection of the property.
DONE AND ORDERED THIS day of September, 2013.
VILLAGE OF TEQUESTA
CODE COMPLIAN EC MAGISTRATE
BY:
V NE SP
Filed with Villaize C lerk
Date o t
B y-
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